Home OTHER ARTICLES New Procedure for LLP Registration w.e.f 2nd October, 2018

New Procedure for LLP Registration w.e.f 2nd October, 2018

September 27, 2018

LIMITED LIABILITY PARTNERSHIP (SECOND AMENDMENT) RULES, 2018 – AMENDMENT IN RULES 3, 8 & RULE 18 AND SUBSTITUTION OF RULE 11, FORM 1, FORM 2, FORM 5, FORM 16, FORM 17, FORM 18 & FORM 19

By CA Ankit Gulgulia (Jain)

NOTIFICATION NO. SO 896(E) [F.NO.17/61/2016-CL-V (PT.I)], DATED 18-9-2018

In exercise of the powers conferred by sub-sections (1) and (2) of section 79 of the Limited Liability Partnership Act, 2008 (6 of 2009), the Central Government hereby makes the following rules further to amend the Limited Liability Partnership Rules, 2009, namely: —

(1) These rules may be called the Limited Liability Partnership (Second Amendment) Rules, 2018.

(2) They shall come into force with effect from the 2nd October, 2018.

In the Limited Liability Partnership Rules, 2009,—

(a)		in rule 3, after sub-rule (2), the following shall be inserted, namely: —
		“(3) Form RUN-LLP (Reserve Unique Name-Limited Liability Partnership), Form FiLLiP (Form for incorporation of Limited Liability Partnership), Form 5, Form 17 and Form 18 shall be processed by the Registrar, Central Registration Centre (CRC) for and on behalf of the jurisdictional Registrar.
		Explanation .— For the purposes of this sub-rule, Central Registration Centre means the office of Central Registration Centre as established under sub-sections (1) and (2) of section 396 of the Companies Act, 2013 (18 of 2013) by the Government of India vide notification number S.O. 218(E), dated 22nd January, 2016
(b)		in rule 8, in the proviso, for the word, and figure “Form 2”, the word and letters “Form FiLLip” shall be substitute; (FORM 2 NO REMOVED)
(c)		for rule 11, the following rule shall be substituted, namely :—
		” 11.(1) For the purposes of section 11, the incorporation document shall be filed in Form FiLLiP with the Registrar having jurisdiction over the State in which the registered office of the limited liability partnership is to be situated along with fee as provided in Annexure ‘A’:
		Provided further that the application for allotment of DPIN shall not be made by more than two individuals in Form FiLLiP:
		Provided also that an application for reservation of name may be made through Form FiLLiP:
		Provided also that where an applicant had applied for reservation of name under rule 18 in Form RUN-LLP and which has been approved, he may fill the reserved name as the proposed name of limited liability partnership.
		(2) (a) Where the Registrar, on examining Form FiLLiP, finds that it is necessary to call for further information or finds such application or document to be defective or incomplete in any respect, he shall give intimation to the applicant to remove the defects and re-submit the e-form within fifteen days from the date of such intimation given by the Registrar.
		(b) After re-submission of the document, if the Registrar still finds that the document is defective or incomplete in any respect, he shall give one more opportunity of fifteen days time to remove such defects or deficiencies:
		Provided that the total period for re-submission of documents shall not exceed thirty days.
		(3) The Certificate of Incorporation of limited liability partnership shall be issued by the Registrar in Form 16.”;
(d)		in rule 13,—
		(a) the word and figure “Form 2” the word and letters “Form FiLLiP” shall be substituted.”;
(e)		in rule 18, in sub-rule (2) ,—

(A)		clause (viii) shall be omitted;
(B)		clause (xiv) shall be omitted;
(C)		for sub-rule (5) the following shall be substituted, namely:—

		“5 Every such application shall be made through the web service, RUN-LLP, available at www.mca.gov.in and be accompanied by fee as mentioned in Annexure ‘A’, which may either be approved or rejected, as the case may be, by the Registrar after allowing a re-submission of such application within fifteen days for rectification of defects.” ;
(f)		for Form 1 and Form 2, the following shall be substituted, namely:—

DOWNLOAD FORMS HERE

RUN-LLP

Reserve Uniqe Name-LLP

FiLLiP

(Form for incorporation of Limited Liability Partnership)

[Pursuant to rule 8 and rule 11 and rule 18 of Limited Liability Partnership Rules, 2009]

(g)

for Form 5, the following form shall be substituted namely:—

LLP FORM NO.5

Notice for change of name

[Pursuant to rule 20(2) of Limited Liability Partnership Rules, 2009]

(h)

for Form 16, Form 17, Form 18 and Form 19, the following forms shall be substituted namely:—

Form 16

[Refer Rule 11(3) of the Liability Partnership Rules, 2009]

CERTIFICATION OF INCORPORATION

LLP FORM NO.17

[Pursuant to rule 38(1) of Limited Liability Partnership Rules, 2009]

Application and statement for the conversion of a firm into Limited Liability Partnership (LLP)

LLP FORM NO.18

[Pursuant to paragraphs 2 and 3 of Third Schedule, paragraphs 2, 3 and 4 of Fourth Schedule of the Act and ruleS 39(1) and 40(1) of Limited Liability Partnership Rules, 2009]

Application and Statement for conversion of a private company/unlisted public company into limited liability partnership (LLP).